Johar and Johar

The Family Court of Australia considered a dispute between Mr Johar (the applicant father) and Ms Johar (the respondent mother) concerning parenting orders for their seven-year-old daughter. The central issue was the mother's desire to relocate the child to India, where the parents held citizenship, while the family had permanent resident status in Australia and had resided there since 2008. The father opposed the relocation, advocating for the child to remain in Australia due to perceived superior opportunities.

The court was required to determine the best interests of the child, as mandated by the Family Law Act 1975 (Cth), particularly in relation to the proposed relocation to India. This involved assessing the potential impact of such a move on the child's relationship with her father and considering allegations of violence and sexual abuse, although the court ultimately found the father posed no unacceptable risk to the child. The court also had to decide on the nature of parental responsibility, specifically whether it should be equal shared parental responsibility or if the mother should have sole responsibility for the child's care, welfare, and development.

In its reasoning, the court applied the principles of the Family Law Act 1975 (Cth) concerning the best interests of the child, weighing the factors outlined in sections 60CC(2) and 60CC(3). The court found that relocating the child to India would likely deprive her of her relationship with her father and was not in her best interests. Consequently, the court ordered that the parents continue to exercise equal shared parental responsibility. The court also made specific orders regarding the child's residence with each parent, including provisions for school terms, holidays, and specific days, and imposed restrictions on the child's removal from Australia and the application for her passport.